Zimmerman v. Adams Express Co.
Supreme Court of Pennsylvania
Appeal, No. 358, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 1, Philadelphia County, Jan. T., 1909, No. 671, granting nonsuit in case of Alice M. Zimmerman v. Adams Express Company. Trespass to recover damages for death of plaintiff’s husband. Before Kinsey, J. The opinion of the Supreme Court states the facts. The court entered a nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action to recover damages for the death of the plaintiff’s husband who was shot and killed by an officer in the service of the defendant company. At the conclusion of the plaintiff’s testimony, the court below granted a compulsory nonsuit which it subsequently refused to take off. The plaintiff has taken this appeal.
It appears from the evidence that Frederick Zimmerman, the deceased, had been employed as a brakeman by the Pennsylvania Railroad Company in its Philadelphia division for about twelve years prior to his death. During the last eight months…
2Cited by4 opinions
- Humphrey v. Virginian Railway Co.West Virginia Supreme Court · 1948
- Geiger v. MaddenSuperior Court of Pennsylvania · 1915
- Dunn v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1917
- Kayser v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Philadelphia County1928